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Home My WebLink About04-5053 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CN?"I~'}4 - SCS3 Cwi.l lUA r, IVI ctlon- JURY TRIAL DEMANDED KARLlSMA SOUDERS AND GARY SOUDERS, HER HUSBAND 245 RITTNER HIGHWAY, APT. B CARLISLE, PA 17013 THOMAS COMODECA Versus 105 EAST WEDGEWOOD DRIVE YORKTOWN, VA 23693 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to (X) Attorney ( )Sheriff TIMOTHY A SHOLLENBERGER. ESQ. Shollenberqer & Januzzi. LLP 1820 Linqlestown Road Harrisburq, PA 17110 (717) 234-3700 Supreme Court ID No. 34343 Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. , j) ()n~h> Q.~ Prothonotary ~n..,Q -P ~/l,/J.i'~r-1 Deputy Date: ~+. I- f ~'f ( ) Check here if reverse is issued for additional information PROTHON. - 55 ~ "Q. N '[ Cr) f- .CI"! "- ~ "l ~ () . G ;._-, 1I1 rs: ,: .~ " -. c._ ...c:: C~ W , ~ -- - SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KARLlSMA SOUDERS AND GARY SOUDERS, HER HUSBAND Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5053 v. CIVIL ACTION - LAW THOMAS COMODECA, Defendant JURY TRIAL DEMANDED AFFtDAVI'T'OF'SERVICE On October 12, 2004, I, Timothy A. Shollenberger, Esquire, caused to be served on Thomas Comodeca, a Writ of Summons in the above captioned matter, via certified mail/return receipt requested pursuant to Pa. R.C.P. No. 404. A Writ of Summons was filed in Cumberland County on October 6, 2004. A copy of said Writ of Summons was returned to our office so that we may effectuate service on out-of-state Defendant, Thomas Comodeca. The Writ of Summons was received at 105 East Wedgewood Drive, Yorktown, VA on October 12, 2004. See qreen return receipt card attached hereto as Exhibit "A". The green signature card was returned to the offices of Shollenberger & Januzzi, LLP on October 14, 2004 signed by P. Comodeca. I verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 9 4904 relating to unsworn falsification to authorities. Date: (I - 9 - 0 4- Sworn to and subscribed before me this ~ th day of No~ 2004. ~~ , -' .mMOT~i~~-' ~K. $FACf;;.. N\iar'1~ . . ~. afH8ntltUg, uauphin ~ ... . \:&-ABkI\ EJPT88~~I~ US Postal Service Postage $ 0- .Jl f'.. ru M ru 1'- .Jl ru :::T c{J 0- M o 0- m o .Jl M ['- Certified Mail Receipt r" ,----- Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here Domestic Mail Only No Insurance Coverage Provided Restricted Delivery Fee (Endorsement ReqUIred) Total Postage & Fees $ Sent To: Thomas Comodeca 105 East Wedgewood Ortve Yorktown. VA 23693 PS S<sij~~an~'%ma I wr1 tOf~ffg~, bef Certified Mail Receipt ~ .~~., .; ,,:. J \ .:'--\"~. . '"'' . .':"; ;,...:~ ,""":j Receipt --- - - ---~----"'--"-- ,-...,--,-_.........1- ~~ () r-v C) c.;,.} c: (~:.) "'11 ...c~ s: "'-.~ :~:i -Om ,.-I,w c', 1"1": r; I -><-.: I il i"-'- ;::: ::(:1 ~~f? jf -7 r- &~ L-" (:;,) ..- ~ . j~ "Ie) ) r;: tJ ',. -, -'- 0 '; :;;:::0 -- ) ~'O " ">c ,\ 1 j I Z; 'j r ,) J) =< ,J-' - "~. ..... ."" l.t-'-~---- - ~- ---- -- ~ - - - - ~-- - - -------- - -- - - -. a- --D ['. ru ..-'l ru ['" --D ru ::r t:(] a- ..-'l o a- m o --D ..-'l ['- $ Postage --00 Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Sent To: Thonlas Com.)deca 105 East Wedgewood Drive Yorktown, VA 23693 PS s()i1m~an~r1~~a I wtlfo,t~'regf' bef Certified Mail Receipt ~ --,. --.---., ----,-""---:.--'---'-_.---.- ------~--------.---'-.--_.-----'------ - ------ ---~----- H. "1' . , . ~ ~ . ,,,,.l!i" ;,/f(~[;""" ,~'~,'~~'-<~'-~,-',~ 2. 'I\rti~:~~mber ~.~ ~~~" .:~r;~~:.J~~f.:!~t!:..:yt~. .>' .: . :' "~ii(~\".. ':;::~ .:., '7~'.3901 9842 "6721' "2769, 3. sel;pe CERTIFIED MAIL 4. Re '. . d Delivery? (Extra Fee) 1~.l\rtic BfAddressed to: , .~~ .. ....:~:.~ ,,' -: . i .. ~ .. .~,. DYes ';'f:J. . . . . $ ,'.Comodea . t. .Wa1g.-xwdDrlve Yorlctown . VA 236" " ".. "'..,...........'~1.!!,J. .1'JJt . ".,,-. . j~ "~,-_... . ".0 . ~~ . ,~ ' . , >'\d_~~ " ~ MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: STEPHEN J. BARCA V AGE, ESQUIRE LD. No. 78867 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3506 ATTORNEYS FOR DEFENDANT THOMAS COMODECA KARLISMA SOUDERS and GARY SOUDERS, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. : CIVIL ACTION - LAW THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant Thomas Comodeca in the above captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DATE: :r ~ KARLISMA SOUDERS and GARY SOUDERS, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. : CIVIL ACTION - LAW THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ?tk.day of November, 2004, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, P A 17110 fJA ~ d- ZcU ANGELA ZILLA ~~ c~ 1"'"-.) C"',;) 0 c: C:".:J -n .....- ..-....- .' '".., --i , , <.::"'.i ~1-. -~, ....;: {II "..:.-; . -0 r~.~ ,"', :1 , CJ <:::) ~.'.~ (2;,; " " I.: I -.') i;~jf~ ::1.: 1'-' .-1 -1'." N ~JJ Cf'l ....1'''''' KARLISMA SOUDERS and GARY SOUDERS, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. : CNIL ACTION - LAW THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiffs to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~- BY: S phen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3506 DATE: Attorneys f,or Defendant KARLISMA SOUDERS and GARY SOUDERS, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. : CIVIL ACTION - LA W THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiffs to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4-------.--- . BY: S phen J. Barcavage, Esquire LD. No. 78867 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3506 DATE: Attorneys tDr Defendant KARLISMA SOUDERS and GARY SOUDERS, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. CIVIL ACTION - LA W THOMAS COMODECA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this Nkday of November, 2004, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire Shollenberger & J anuzzi, LLP 1820 Linglestown Road Harrisburg, PAl 711 0 a.,5~ ANGEfj~ LA .....:~~ 1"' fl, -'1" (') I~~ ,....., = c:::::> .r- :;;e c:> ...::: N "'" -0 ::r.: l~~ .~ -... .. '- . r:-: U1 CJ"I ~ .-t :r:-n n1--; -oS; -!J9 7':"1 <.'::} .~~~~ ~.,,, rn ~~\ -,.... ~i:J :...::: KARLISMA SOUDERS and GARY SOUDERS, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. : CNIL ACTION - LAW THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED RULE AND NOW, this:(~day of ,/I.)r:x J. , 2004, upon consideration of the foregoing Praecipe, Plaintiffs are hereby ordered to file their Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE PROTHONOTARY: ~A)k~~ -~ () s; ~P:": (, c: C --, '~3 ,.......... r-) = c:;:) ..c- :;;t: c::> < N \.0 -0 ::.c:; ~ ~ rnpd -om -09 ':::)t") <::1 ~. ~i_ -n ....)--. i~.;/ (') ~~5 In ::.., -r..,. ~n -..( f') .. c.n en I' SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiffs KARLlSMA SOUDERS and GARY SOUDERS, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERL,A,ND COUNTY, PENNSYLVANIA v. NO. 04-505:~ CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED . .. ciiY!1ti;(.;;.::'. ,:'j"" · "R' '11W1::"^I' N"r'I' .sCSi :, ,;~;J!',~'" ::Il~ !r~r', c;: ' THOMAS COMODECA, Defendant TO THE PROTHONOTARY: Please be advised that the address of the undersigned counsel has changed to the following: Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 By: Date: /2.J6l/ SHOllENBERGER & JANUZZI, llP 2225 MillENNIUM WAY. ENOLA, PA 17025 (717) 728-3200' FAX (717) 728-3400 fJeA: . And now, this "3 day of~v~mber, 2004, I hereby certify that a true and correct copy of the foregoing Praecipe for Change of Address for Counsel for Plaintiffs has been served upon the following via U.S. Mail: Steven J. Barcavage, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, SuitH 8 Harrisburg, PA 17112 By: SHOllENBERGER & JANUZZI, llP 2225 MillENNIUM WAY. ENOLA, PA 17025 (717) 728-3200' FAX (717) 728-3400 , 0 r-...) 0 = r:: C"".'7) .1 ..r::- T 0 :::J q~l f""11 ..1_ ,1 -.... c-J rnr= L -~ I'Tl .,r.'_ I ..:Jr (/; "D -<~ -.J ~"~L) ~~~ '- "r- I: :J'::'I'" (~ ~~~ '.. :J:: c.: rSrn ~.:. C) ~.::.t ~~~~ ~b -~i .r:- -( c:::; ...< " SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff KARLlSMA SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-505~~ CIVIL THOMAS COMODECA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED , -< l~c '; '" _:/ ,;:f;:?';C ,~, ::~,;;:i~:~ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOIRMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street, Carlisle, PA 17013 (717) 249-3116 1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff KARLlSMA SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5053 CIVIL THOMAS COMODECA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 par abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previa aviso 0 notoficacaion y par cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street, Carlisle, PA 17013 (717) 249-3116 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff KARLlSMA SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-505,3 CIVIL THOMAS COMODECA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, Karlisma Souders, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully rElpresents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Karlisma Souders, is an adult individual who currently resides at 2245 Ritner Highway, Apartment B, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Thomas Comodeca, is an adult individual whose last known address is 105 East Wedgewood Drive, Yorktown, Virginia. 3. The facts and circumstances hereinafter set forth took place on March 21, 2003 at or about 11 :47 a.m. at the intersection of Route '11 and T520/Roadway Drive, Middlesex Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Karlisma Souders, was the operator of a 1998 Honda Accord. 5. At the aforesaid time and place, Defendant, Thomas Comodeca, was the operator of a 1995 Jeep Grand Cherokee. 3 6. At the aforesaid time and place, Plaintiff, Karlisma Souders, was operating her vehicle northbound on Route 11 in the right lane, at the traffic light at the intersection of Route 11 and Roadway Drive. 7. At the aforesaid time and place, Defendant, Thomas Comodeca, was operating his vehicle northbound on Route 11 in the left lane at a high rate of speed, approaching the intersection with Roadway Drive. 8. At the aforesaid time and place, Defendant, Thomas Comodeca, changed lanes suddenly and drove into the right northbound lane, striking the rear of Plaintiffs' vehicle. 9. The aforesaid collision was the direct and proximate result of the negligence of Defendant, Thomas Comodeca, in operating the 1995 Jeep Grand Cherokee in a careless, reckless, and negligent manner as follows: a. In operating his vehicle at an excessive rate of speed under the Circumstances; b. In failing to have his vehicle under proper and adequate control; c. In failing to apply the brakes in time to avoid the collision; d. In failing to observe Plaintiff's vehicle on the highway; e. In permitting or allowing his vehicle to strike and collide with the rear of the vehicle operated by Plaintiff, Karlisma Souders; f. In failing to exercise the high degree of care required of a motorist entering an intersection; g. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured dear distance ahead; 4 h. In failing to keep a reasonable lookout for other vehicle lawfully on the road; i. Driving at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing and at a speed greater than will permit him to have brought his vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; J. Driving at a speed in excess of the maximum posted speed limit in violation of Section 3362 of the PA Motor Vehicle Code; k. Moving his vehicle from one traffic lane to another before such movement could be made with reasonable safety in violation of Section 3334 (a) of The PA Motor Vehicle Code. 10. As a result of the aforesaid collision, Plaintiff, Karlisma Souders, has suffered serious and permanent injuries, including but not limited to the following: a. Cervical strain; b. Thoracic strain; c. Closed head injury; d. Upper back/shoulder strain bilaterally; e. Cervicocranial Syndrome; f. Disc displacement, cervical; g. Hyper extension/flexion injury, cervical; h. Pain in thoracic spine; i. Radiculitis thoracic; 5 J. Facet syndrome; k. Fibrosistis; I. Laxity of ligament; m. Muscle spasm; n. C2-3 posterior muscle and ligament tearing with subsequent moderate scarring of the surrounding connective tissue; o. Disc displacement, thoracic; p. Disc displacement, lumbar; q. Right arm injury; and r. Radiculitis thoracic spine. 11. As a direct and proximate result of the aforesaid injuries, Plaintiff, Karlisma Souders, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, Karlisma Souders, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Karlisma Souders, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, Karlisma Souders, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 15. As a further result of this collision, Plaintiff, Karlisma Souders, has and/or 6 may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 16. As a further result of the aforesaid injuries, Plaintiff, Karlisma Souders, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 17. Plaintiff had the following items in her vehicle at the time of the wreck which were damaged as a result thereof, the replacement value of which Plaintiff claims reimbursement from the Defendant: a. Two pairs of new shoes; b. Umbrella; and c. Blankets. WHEREFORE, Plaintiff, Karlisma Souders, demands judgment against Thomas Comodeca for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: Timothy A. Shollenberger, Esq. Attorney I. D. #34343 2225 Millennium Way 7 Enola, PA 17'025 (717) 234-3700 (717) 234-8212 (fax) 8 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff KARLlSMA SOUDERS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-505:3 CIVIL THOMAS COMODECA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED And now, this '6~ay of December, 2004, I hereby certify that a true and correct copy of the foregoing Complaint has been served upon th(3 following, Attorney for Defendant, via U.S. Mail: Steven J. Barcavage, Esquin3 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esq. Date: \ 1. /" ~ ....0 Lf 9 c' ,.......) '-. -, .. , --I l. . -'11 ::;1 (-:, , - , , i: :, ... ~ . ! -'-1 r ~, , , (,) ; 'I -, .~ :- (,.,) KARLISMA SOUDERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5053 CIVIL v. CIVIL ACTION - LAW THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Karlisma Souders, Plaintiff c/o Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, P A 17025 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DE~mEHEY, WARNER, COLEMAN & GOGGIN /f .---.___d BY: A~ ~r. BARCA V AGE, ESQUIRE J.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3506 DATE: 1~/lbl bLf Attorneys for Defendant Thomas Comodeca KARLISMA SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5053 CIVIL v. CIVIL ACTION - LA W THOMAS COMODECA, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT. THOMAS COMODECA. TO PLAINTIFF'S COMPLAINT NOW COMES Defendant, Thomas Comodeca, by and through his attorney, who files this response to Plaintiffs Complaint and answers the Complaint as follows: 1. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 1, and therefore, the same are denied with strict proof thereof required at trial. 2. Admitted. 3. Admitted upon information and belief. 4. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 4, and therefore, the same: are denied with strict proof thereof required at trial. 5. Admitted. 6. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 6, and therefore, the same are denied with strict proof thereof required at trial. 7. Denied. Paragraph 7 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 7, and therefore, the same are denied with strict proof thereof required at trial. 8 Denied. Paragraph 8 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. 9. (a-k) Denied. Paragraph 9 (a-k) is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. 10. (a-r) Denied. Paragraph 10 (a-r) is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 10 (a-r), and therefore, the same are denied with strict proof thereof required at trial. 11. Denied. Paragraph 11 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 11, and therefore, the same are denied with strict proof thereof required at trial. 12. Denied. Paragraph 12 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the 2 allegations contained in paragraph 12, and therefore, the same are denied with strict proof thereof required at trial. 13. Denied. Paragraph 13 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 13, and therefore, the same are denied with strict proof thereof required at trial. 14. Denied. Paragraph 14 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 14, and therefore, the same are denied with strict proof thereof required at trial. 15. Denied. Paragraph 15 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 15, and therefore, the same are denied with strict proofthereof required at trial. 16. Denied. Paragraph 16 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 16, and therefore, the same are denied with strict proof thereof required at trial. 3 24. Plaintiffs claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 25. Plaintiffs claims are derivative in nature and are barred as a matter oflaw. 26. Defendant breached no duty of care owed to Plaintiff under the circumstances. 27. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 28. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 29. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 30. Plaintiffs Complaint and/or claims are barred by Plaintiffs selection of limited tort on the applicable automobile insurance policy as set forth by 75 Pa.C.S.A. S 1705. WHEREFORE, Defendant, Thomas Comodeca, respectfully requests judgment in his favor and against the Plaintiff together with such other costs this Honorable Court deems appropriate. MARSHALL, DEJ\TNEHEY, WARNER, COLEMAN & GOGGIN ~7 -. BY: .c:::::...------ S HEN J. BARCA V AGE, ESQUIRE . . No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3:506 DATE: 11i3bllq. Attorneys for Defendant Thomas Comodeca 5 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. B~( - ~ THOMA\ OMODECA DATE: d..l~ oi KARLISMA SOUDERS and GARY SOUDERS, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. CIVIL ACTION - LA W THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE: I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ot+l day of December, 2004, I served a copy ofthe foregoing document via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, P A 17025 ~lL ,J~~ SUSAN M. WILLIAMS "..:. (("I ".'.-. ~(:" ~i::~.~~ J.-~~ ~ (") (- ; , r-...;) c::') c.=> c..>" <- ::P" :;.G: I W o ""T1 --I :I:::J rne" -0 rn -:JQ (.::;JI..~ =-r! -,'. ('5 :;J ...,..c; Om 5:7; .Q -0 ::J.: r:-? c..n Q. SHOLLENBERGER & JANUZZI, LLP 2225 Millenium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff Karlisma Souders, Plaintiff IN THE COUHT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5053 CIVIL Thomas Comodeca, Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT THOMAS COMODECA AND NOW COMES THE PLAINTIFF, KARLlSMA SOUDERS, by and through her attorney, SHOLLENBERGER AND JANUZZI, LLP, files her Reply to New Matter of Defendant Thomas Comodeca (hereinafter "Defendant"), and, in support thereof, respectfully represents the following: 18. Paragraphs 1 through 17 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 19. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 20. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). G:\GLOBAL\WPDATA\DOCS\Pleadings AII\Souders - Answer to New Matter.doc 21. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 22. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 23. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 24. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 25. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 26. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). G:\GLOBAL\WPDATA\DOCS\Pleadings AII\Souders - Answer to New Matter.doc 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 29. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 30. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). WHEREFORE, the Plaintiffs respectfully request that the Defendants' New Matter be dismissed and judgment entered in favor of tile Plaintiffs as a matter of law. Respectfully submitted, G:\GLOBAL\WPDATA\DOCS\Pleadings All\Souders - Answer to New Matter.doc . CERTIFICATE OF SERVICE: AND NOW this 4#\ day of January, 21805, I hereby certify that I have served the following PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS THOMAS COMODECA to the following, by depositing a trUi3 and correct copy of same in the United States mail, postage prepaid, addre!ssed to: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite 13 Harrisburg, PA 17112 SHOLLENBEF BY:~ Timothy K Shollenbe PA 10 No. 34343 G:\GLOBAL\WPDATA\DOCS\Pleadings AII\Souders - Answer to New Matter.doc >L~ f!: -i -(, N c.,::) <.:~ c..n <- :;:;.- -;:c , 0'\ o -n -~ "1: -n rllp ~rn :()O ~~l~ (-=2 c-S :-:),-n -s,; ~)~ ...;;, -.:' -,< _A>"" ~ <.,..) SHOLLENBERGER & JANUZZI, LLP 2225 Millenium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff Karlisma Souders, Plaintiff IN THE COUHT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5053 CIVIL Thomas Comodeca, Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY:T:Q NEW MATTER:OF DErFENDANt THOMAS COMODECA AND NOW COMES THE PLAINTIFF, KARLlSMA SOUDERS, by and through her attorney, SHOLLENBERGER AND JANUZZI, LLP, files her Reply to New Matter of Defendant Thomas Comodeca (hereinafter "Defendant"), and, in support thereof, respectfully represents the following: 18. Paragraphs 1 through 17 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 19. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is requirE~d, same is denied pursuant to Pa. R.C.P. 1029(e). 20. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is requirEld, same is denied pursuant to Pa. R.C.P. 1029(e). G:\GLOBAL\WPDATA\DOCS\Pleadings AII\Souders - Answer to New Matter.doc 21. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 22. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 23. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 24. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 25. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 26. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RCP. 1029(e). G:\GLOBAL\WPDATA\DOCS\Pleadings AII\Souders - Answer to New Matter.doc 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is requireid, same is denied pursuant to Pa. RC.P. 1029(e). 29. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is requireid, same is denied pursuant to Pa. RC.P. 1029(e). 30. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). WHEREFORE, the Plaintiffs respectfully request that the Defendants' New Matter be dismissed and judgment entered in favor of lthe Plaintiffs as a matter of law. Respectfully submiUed, G:\GLOBAL\WPDATA\DOCS\Pleadings AII\Souders - Answer to New Matter.doc CERTIFICATE OF SERVICIE AND NOW this 4~ day of January, ~~005, I hereby certify that I have served the following PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS THOMAS COMODECA to the following, by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 SHOLLENBE BY:~ Timothy PC Shollenbe PA ID No. 34~~43 G:\GLOBAL\WPDATA\DOCS\Pleadings AII\Souders - Answer to New Matter.doc ~ >-f ~f v t;- -~ ~ ~~ I t..,- ~ rr r " KARLISMA SOUDERS and GARY SOUDERS, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiffs : NO. 04-5053 CIVIL v. : CIVIL ACTION - LAW THOMAS COMODECA, Defendant JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Thomas Comodeca, served Interrogatories and Request for Production of Documents addressed to Plaintiffs, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the -.J 11+h day of March, 2005. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: fr S11EPHEN J. BARCA V AGE, ESQUlRE LD. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 DATE: ~ \1'1\ Dt;" Attorneys for Defendant Thomas Comodeca ... KARLISMA SOUDERS and GARY SOUDERS, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 ClVlL v. CIVlL ACTION - LAW THOMAS COMODECA, Defendant JURY TRlAL DEMANDED CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this I '{tIr\ day of March, 2005, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, P A 17025 ~~ (~ . L) W~~01 "k\ SUSAN M. WlLLIAMS SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff KARLlSMA SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5053 CIVIL THOMAS COMODECA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, certifies that: 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. no objection to the subpoena has been received, and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 5 \;)3 \ OS BY~ Timothy A. Shollenberger Attorney for the Plaintiff ,. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number (717) 728-3400 Attorne s for Plaintiff KARLlSMA SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5053 CIVIL THOMAS COMODECA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Steven J. Barcavage, Esquire Marshall, Dennehey, Warner. Coleman & Goggin 4200 Crums Mill Road. Suite B Harrisburg, PA 17112 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted SHOLLENBERGER & JANUZZI. LLP Attorneys for Plaintiff By: Date S\~()5 thy . S Attorney I. D. No. 34343 Attorney for Plaintiffs CU,\1\1U'\\11 \1. I II ur 1'1'\'\\",1. \ \',Ii\ ( U \'" r y CJ F C I '\ m I R J\ ~\ [) Kurlisma Souders [ Cary Souders, her husband, Plallltiffs FI'~: $ 01.j 5053 v. Thomas Comudeca, Defendant SL'BPOE'\.\ TO PRODUCE LlOCU\IE'\TS OR TlIl;\CS FOR DISCOVEHY PURSL\,\T TO HULE 4009.22 ;n Medical Records Departmeht, Carlisle Hospital, 246 Parker St., Carlisle, PA 17013 '\.'<aJl~l- cl [JC:"lif: or l-:_:~Iiry) \\'jlT;lT1 [$,Clly (20) days a!i~'L 5e,\ ice o(rhs :,3, )lY,J 31(: CJf,JCIt'd !l:~' (;.hln In jliudLXC If:c 181iCH\ :~lg jc;CUr.I~~I:S or [hcJngs Any and all medical records including notes, correspondence. memoranda, x-ray reports history notes, index cards. physical thel'apy records and any other Information relating to any examination or treatment rendel'ed to Thomas Comodeccl (105 East W'eagewoodlJr,'Te;-'YcWKlovin. VI'\;-PreviOLis-adeJTeS's: 111L-Shirtey Lane-,e Boiling Springs. PA 17007, DaB: 11/23/58) 3i _ShoJLenbergeL_& J<Ul.LJzzi.LlJ', _Ul5_,\lUlen_Qium_jVay_,J=no_la" PA 17025 (Adjl~~:,S) '1 ()LJ rn2y :JL'!i\t:r Dr m3i1 :t'g:hlc cop::':s cf Ihe (~()C:J;T:("-,!~ or '.h:ngs ~C:'-1~l'~'"i','d ;1;1' sLlcpuella, :u~t:ht:r \\';!h lhe cenr!iCJle uf cDnipl;an,:c' :0 lhe t:';in:, iT:;ik;f.g t!~:s rCCrl(~SI dt lhl' :ddfC\S :1: :ed j~o\e VUl] hdH' rhe I:ghllo seCK ;n ad\ J:KC lhi: 1:'2SU);"bic: (USI of Vt.~:Jr:r,g the: ceplcs UI r~(1diJC::h!. trH,': :hl:igS 50L..'g)~t ' ]!' \OU fail to prucJJce the do:::ullicnls ur tr-:lnp rl'qullcd by this sd;ptXli::! \\ ::~Ij) :V.::Jll\ (2C') .~ ;]\5 al:::. :ls 5tl\ICO'. t:iC pany sen'lng :h:s sUbroer,J !l1J} sce~ a :":(:',Ji1 (lIeu (OI:;pcl,l:lg you lu ' \'-,ll!I:: TillS SLlWOL,,-,,\ \1 AS ISSlIlD !\ T'I HI: RFQl I.S r OF II IE HliU),.\i"l, 1'1 RSC)', '-\\iE Timothy Shollenberger ____ \DDRESS~.b.()llen_be'rger_~&- Jilnu~z.i, LLP :2215 N1'll~n,-, iu m Way___ t::nol~LP-^-_170]_L_____ m__ i "LEPHO~ lllllL 72 8~}20_0 _, Sl'PRfME COI'R liD ".3'LlliJ._____ A II OR:<EY FOR 1'1ilinJjJfs_ _ HY_~) ~__~!' PruI)wnol,,), ( " II f)" ISlon ~-' _y~ [? 271~ZLh,/~ Ll)cput\ l1" Ie l'f}..'2_'-'___eJ.,d.[){.2-S'_ Scaifuf the COW! -~ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number (717) 728-3400 Attorne s for Plaintiff KARLlSMA SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5053 CIVIL THOMAS COMODECA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this61lt day Of~, 2005, I hereby certify that I have served the afore NOTICE OF INTENT TO SERVE A SUBPOENA PURSUANT TO RULE 4009.21 AND SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, addressed to: Steven J. Barcavage, Esquire Marshall. Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff KARLlSMA SOUDERS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5053 CIVIL THOMAS COMODECA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED And now, this 221Jay of May, 2005, I hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 has been served upon the following, Attorney for Defendant, via U.S. Mail: Steven J. Barcavage, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esq. 1 04185012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND PLAINTIFF/S COURT OF COMMON PLEAS VS. THOMAS COMODECA NO. 04-S053 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 40.09.22, DEFENDANT CERTIFIES THAT (I) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 5/16/05 0- ~PHEN J. BARCAVAGE, ESQ. ATTORNEY FOR DEFENDANT '- 21237-00.178 04185012 12/26/05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND PLAINTIFF/S COURT OF COMMON PLEAS VS. THOMAS COMODECA NO. 04-S053 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: TIMOTHY A. SHOLLENBERGER, ESQ. SHOLLENBERGER & JANUZZI 2225 MILLENNIUM WAY ENOLA PA 17025 ATTORNEY(S} FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880. JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. DR. MATTHEW N. NICASTRO, D.C. NICASTRO CHIROPRACTIC CLINIC CARLISLE HOSPITAL BELVEDERE MEDICAL CENTER FAMILY PRACTICE DR. J. CRAIG JURGENSEN BELVEDERE MEDICAL CENTER WALNUT BOTTOM RADIOLOGY ASSOC. NATIONWIDE INSURANCE COMPANY DATE: 4/19/0.5 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT N 04185012 12/26/05 c::cMoONWEM.TH OF PF2'lN$YLVANIA ()J{MlY OF aJMBERIAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND RUSH Co.urt o.f Co.mmo.n Eleas 04-5053 VB. Fi Ie No. THOMAS COMODECA SUBPOENA TO PRODO:E OCXU1ENTS OR TH I NGS FOR DISCOVERY PlRSUANT TO RULE 4009.22 ~R~T~~~EgFN:a~I~I~~~: g~c. NICASTRO CHIROPRACTIC CLINIC TO: 1224 HOLLY PIKE CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to SEE ATTACHED ADDENDUM produce the following docunents or things: at ~ COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, FA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address 1 isted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena l1'ay seek a court order c:arPellir:g you to caTply with it. THIS SUBPOENA WAS ISSUED AT iHE REQUEST OF THE FOLLC1N1NG PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 stPREt'E OOJRT I D # ATTORNEY FOR: DEFENDANT DATE: Deputy I d..o, of the Court ISSUED ON: 5/16/05 Division (Eff. 7/97) NO. 04-5053 ADDENDUM TO SUBPOENA 0.41850.12 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL MEDICAL RECORDS, INCLUDING, BUT NOT LIMITED TO, ANY CHIROPRACTIC RECORDS, LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, CORRESPONDENCE AND MEDICAL BILLS CONCERNING KARLISMA SOUDERS (2245 B. RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/04/64, SSN 181-S6-se94) N 04185012 12/26/05 cnMJNWEALTH OF pENNSYLVANIA axJNl'Y OF aJMBEmAND KARLlSMA SOUDERS AND GARY SOUDERS, HER HUSBAND RUS Co.urt o.f Co.mmo.n Pleas 04-5053 vs. Fi le No. THOMAS COMODECA SUBPOENA TO PRODlX:E DOCLt'ENTS OR TH I NC3S FOR 0 I SCOVERY PURSUANT TO RULE 4009. 22 MEDICAL RECORDS DEPARTMENT CARLISLE HOSPITAL 246 PARKER ST. TO: CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to thO SEE ATTACHED ADDENDUM produce the fo 1 lowing documents or 1ngs: at RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of COTpliance, to the party making this request at the address 1 isted above. You have the right to seek in advanc:e the reasonab Ie cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoen~ within tW~lty (20) days after its service, the party serving this subpoena may seek a court order ccrrPellir:g you to COTply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF 11-IE FOLLONING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPRa-E a::UlT 10 # ATTORNEY FOR:DEFENDANT DATE:~n l do J.ooS' ISS a1lff: tf!1ffl!ft Deputy ivision (Eff. 7/97) . NO. 04-5053 ADDENDUM TO SUBPOENA 04U5012 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL MEDICAL RECORDS, INCLUDING, BUT NOT LIMITED TO, ANY CHIROPRACTIC RECORDS, LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, CORRESPONDENCE AND MEDICAL BILLS CONCERNING KARLISMA SOUDERS (2245 B. RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/04/64, SSN 181-56-5094) N 04185012 12/26/05 cnM)NWIW.TH OF pEN/SYLVANIA CXlUNl'Y OF aJMBERLAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND RUSH Court of Common Pleas 04-5053 vs. File No. THOMAS COMODECA TO: SUBPOENA TO PRODUCE lXlCU1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF BELVEDERE MEDICAL CENTER FAMILY PRACTICE 850 WALNUT BOTTOM RD. S-C8 CARLISLE PA 17013 (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to SEE ATTACHED ADDENDUM produce the following docunents or things: at RECO~ COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mai I legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addrf'ss 1 i sted above. You have the right to seek in advance the reasonab 1 e cost of preparing the copies or producing the things sought. I f you fail to produce the docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carPel I ir:g you to ccrrply with it. ltilS SUBPOENA WAS ISSUED AT THE REaJEST OF THE FOLLC7t'IING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPREI'E COJRT I D # ATTORNEY FOR: DEFENDANT DATE:~~( dJ), d..ftou~ S a 1 of the Court ISSUED ON: 5/16/05 Deputy ivil Division (Eff. 7/97) NO. 04-5053 ADDENDUM TO SUBPOENA 04185012 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL MEDICAL RECORDS, INCLUDING, BUT NOT LIMITED TO, ANY CHIROPRACTIC RECORDS, LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, CORRESPONDENCE AND MEDICAL BILLS CONCERNING KARLISMA SOUDERS (2245 B. RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/04/64, SSN 181-56-5094) N 04185012 12/26/05 ~TH OF pEN/SYLVANIA CXlUNl'Y OF aJMBERIAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND RUS Court of Common Pleas 04-5053 vs. File No. THOMAS COMODECA TO: SUBPOENA TO PRODUCE DCJa.toENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 CUSTODIAN OF THE RECORDS OF DR J CRAIG JURGENSEN BELVEDERE MEDICAL CENTER 850 WALNUT BOTTOM RD. S-305 CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to SEE ATTACHED ADDENDUM produce the fo \lowing docunents or th ings: at ~RP COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by th i s subpoena, together wi th the cert i f i cate of carp I iance, to the party mak ing th i s request at the addrf'ss 1i sted above. You have the right to seek in advance the reasonab I e cost of preparing the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carPellir;g you to COTPly with it. THIS SUBPOENA WAS ISSUED AT THE REaJEST OF THE FOLLC7t'IING PERSON: .Lor STEPHEN J. BARCA V AGE, ESQ. N",.",: ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPREI'E CXXJRT I D # ATTORNEY FOR:DEFENDANT DATE: /~:~C JJ)y Jf;of) . Se I of the Court ISSUED ON: 5/16/05 B~t:: k (~ . Prothonotar /e erk'lfivil Division Deputy (Eff. 7/97) NO. 04-5053 ADDENDUM TO SUBPOENA 04185012 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL MEDICAL RECORDS, INCLUDING, BUT NOT LIMITED TO, ANY CHIROPRACTIC RECORDS, LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, CORRESPONDENCE AND MEDICAL BILLS CONCERNING KARLISMA SOUDERS (2245 B. RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/04/64, SSN 181-56-5094) " 04185012 12/26/05 aJ!MlNWEi\LTH OF pEN/SYLVANIA CXlUNl'Y OF aJMBERIAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND RUSH Co~rt of Common Pleas 04-5053 vs. File No. THOMAS COMODECA SUBPOENA TO PRODUCE [)()(;U'oENTS OR TH I NGS FOR DISCX>VERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF WALNUT BOTTOM RADIOLOGY ASSOC. 850 WALNUT BOTTOM RD. TO: CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at ~RD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addrf'ss 1i sted above. You have the right to seek in advance the reasonab I e cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carPellir:g you to COTPly with it. THIS SUBPOENA WAS ISSUED AT THE REaJEST OF THE FOLLC7t'IING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPREM: COJRT I D # ATTORNEY FOR: DEFENDANT tl- ( rJ-O, ~oaJ Se 1 of the Court ISSUED ON: 5/16/05 Deputy Division DATE: (Eff. 7/97) . NO. 04-5053 ADDENDUM TO SUBPOENA 04185012 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL MEDICAL RECORDS, INCLUDING, BUT NOT LIMITED TO, ANY CHIROPRACTIC RECORDS, LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, CORRESPONDENCE AND MEDICAL BILLS CONCERNING KARLISMA SOUDERS (2245 B. RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/04/64, SSN 181-56-5094) " 04185012 12/26/05 OJ!oMJNWE/\LTH OF pEN/SYLVANIA a:umY OF aJMBERIAND RARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND RUSH Court of Common Pleas 04-5053 vs. File No. THOMAS COMODECA SUBPOENA TO PRODUCE DCJa.toENTS OR TH I NGS FOR D 1 SCOVERY PURSUANT TO RULE 4009. 22 NATIONWIDE INSURANCE COMPANY P.O. BOX 2655 TO: HARRISBURG PA 17105 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to th . SEE ATTACHED ADDENDUM produce the fo I lowing docunents or mgs: at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addrf'ss listed above. You have the right to seek in advance the reasonab le cost of preparing the copies or producing the things sought. I f you fail to produce the docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carPel1ir:g you to COTPly with it. ltilS SUBPOENA WAS ISSUED AT THE REaJEST OF THE FOLLC7t'IING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPREI'E CXXJRT 10 # ATTORNEY FOR:DEFENDANT BY Deputy DATE: !L 1-1, ( J.{j. ,2D-05 ~l of the Court ISSUED ON: 5/16/05 Division (Eff. 7/97) . NO. 04-5053 ADDENDUM TO SUBPOENA 04185012 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL RECORDS IN YOUR POSSESSION, CUSTODY OR CONTROL, INCLUDING DOCUMENTS REGARDING TORT OPTION SELECTION, INSURANCE POLICIES, MEDICAL RECORDS, REPORTS, MEDICAL BILLS TOGETHER WITH AMOUNTS PAID BY NATIONWIDE ON BEHALF OF KARLISMA SOUDERS (2245 B RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/4/64, SSN 181-56-5094) POLICY# 5837B996655 L~_ L)~l~~~ SUSAN M. WILLIAMS KARLISMA SOUDERS and GARY SOUDERS, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. CIVIL ACTION - LAW THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~/."t'~ay of May, 2005, I served a copy ofthe foregoing document via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, P A 17025 (' C";' ,'~ '71 --4 -,.- Hi~ , ,{j -,J c'-? . ~, . , :-~ :;J -, r"',J 08165039 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND PLAINTIFF/S COURT OF COMMON PLEAS VS. THOMAS COMODECA NO. 04-5053 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COpy OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. ~- DATE: 8/31/05 X' ,~TEPHEN J. BARCAVAGE, ESQ. ATTORNEY FOR DEFENDANT 21237-00178 08165039 12/26/05 COMMONWEALTH,OF PE.~SYLVANIA COUNTY OF CUMBERLAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND PLAINTIFF/S COURT OF COMMON PLEAS VS. THOMAS COMODECA NO. 04-5053 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: TIMOTHY A. SHOLLENBERGER, ESQ. SHOLLENBERGER & JANUZZI 2225 MILLENNIUM WAY ENOLA PA 17025 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNBD AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. PMA INSURANCE CO. CORPORATE HEADQUARTERS DICKINSON SCHOOL OF LAW PENNSYLVANIA STATE UNIVERSITY DR. HAROLD G. KRETZING, M.D. SADDLER HEALTH CENTER DR. THOMAS P. NESLUND, D.M.D. DATE: 8/18/05 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTOIUlEY(S) FOR DEFENDANT N 08165039 12/26/05 KARLISMA SOUDERS HUSBAND (XMoI)NWE2\LTH OF PEN/SYLVANIA CXlUNl'Y OF OJMBERIAND AND GARY SOUDERS, HER vs. Court of 04-5053 Fi le No. Common Pleas THOMAS COMODECA SUBPOENA TO PRODUCE DCJa.toENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PMA INSURANCE CO. CORPORATE HEADQUARTERS TO: 380 SENTRY PARKWAY BLUE BELL PA 19422 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to rodu th f 11 . -'-- -~-t th . SEE ATTACHED ADDENDUM p ce e 0 OWlng UV<.Mllt'" S or lngs: atRECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addrf'ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. , I f you fai I to produce the docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carPellir:g you to C01lJly with it. THIS SUBPOENA WAS ISSUED AT THE REaJEST OF THE FOLLC7t'IING PERSON: STEPHEN J. BARCAVAGE, ESQ. NA/'E : AOORESS: TELEPHOHE:FOR INFORMATION: (215) 241-5858 SlPREfoE COJRT I D # ATTORNEY Fool?EFENDANT BY THE COURT: Division DATE: r - J-J; liJ Sea I of the Court ISSUED ON: 9/15/05 Deputy (Eff. 7/97) NO. 04-5053 ADDENDUM TO SUBPOENA 08165039 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL RECORDS IN YOUR POSSESSION INCLUDING, BUT NOT LIMITED TO MEDICAL RECORDS, REPORTS AND/OR OPINIONS, MEDICAL INVOICES AND/OR BILLS, TOGETHER WITH ALL RECORDS RELATING TO WORKER'S COMPENSATION BENEFITS PAID TO KARLISMA SOUDERS (2245 B RITNER HIGHWAY, CARLISLE, PA PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/04/64, SSN 181-56-5094) FOR INJURIES SUSTAINED IN AN AUTOMOBILE ACCIDENT ON 3/21/03 N 08165039 12/26/05 a:HIJNWEAI,TH OF pEN/SYLVANIA CXlUNl'Y OF aJMBERIAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND vs. Court of Common Pleas 04-5053 File No. THOMAS COMODECA SUBPOENA TO PRODUCE DCJa.toENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PERSONNEL DEPARTMENT DICKINSON SCHOOL OF LAW PENNSYLVANIA STATE UNIVERSITY TO: 150 S. COLLEGE ST. CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to . . SEE ATTACHED ADDENDUM produce the fo llowlOg docunents or th lOgS: S 1880 JOHN F KENNEDY BLVD., s-300, PHILADELPHIA, PA. a1RECORD COPY SERVICE , . (Address) You may del iver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. , I f you fai 1 to produce the docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carPel\ir;g you to c:arply with it. TH I S SUBPOENA WAS I SSUED AT THE REaJEST OF THE FOLLC7t'II NG PERSON: ~TEPHEN J. BARCAVAGE, ESQ. NAME. ADDRESS: TELEPHONE!OR INFORMATION: (215) 241-58~8 SlPREI'E COJRT I D It A TTOONEY FoRJ,EFENDANT BY THE ca.JRT: Division DATE: ~- ,l.)--OJ Seal of the Court ISSUED ON: 9/15/05 Prot Deputy (Eff. 7/97) NO. 04-5053 ADDENDUM TO SUBPOENA 08165039 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL EMPLOYMENT RECORDS INCLUDING W-2S, 1099S, PAYROLL RECORDS, PERFORMANCE EVALUATIONS, ILLNESSES/ABSENCES, DISCIPLINARY ACTIONS, MEMOS, CORRESPONDENCE, HANDWRITTEN NOTES AND MEDICAL REPORTS/RECORDS REGARDING KARLISMA SOUDERS (2245 B RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/04/64, SSN 181-56-5094) N 08165039 12/26/05 <XMOIWEI\LTH OF PEl'lNSYLVANIA axJNI'Y OF OJMBERLAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND vs. Court of Common Pleas 04-5053 Fi le No. THOMAS COMODECA SUBPOENA TO PROCllX:E DCJa.toENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. HAROLD G. KRETZING, M.D. SADDLER HEALTH CENTER TO: 117 N. HANOVER ST. CARLISLE PA 17013 (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to th . SEE ATTACHED ADDENDUM produce the fo 1 lowing docunents or lOgS: at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of ccmpliance, to the party making this request at the addrf'ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. , I f you fai 1 to produce the docunents or things required by this subpoenil. within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carPellkg you to ccmply with it. THIS SUBPOENA WAS ISSUED AT THE REaJEST OF THE FOLLC7t'IING PERSON: STEPHEN J. BARCAVAGE, ESQ. NAI'E : ADDRESS: TELEPHONE:FOR INFORMATION: (215) 241-5858 SlPREI'E CXXJRT 10 # ATTORNEY FOR~EFENDANT BY 1liE ccun: vi Division DATE: f~~} ,J 6'- Seal of the Court ISSUED ON: 9/15/05 Deputy (Eff. 7/97) NO. 04-5053 ADDENDUM TO SUBPOENA 08165039 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL MEDICAL/DENTAL RECORDS, INCLUDING, BUT NOT LIMITED TO LAB REPORTS, REPORTS REGARDING X-RAYS, MRIS, CT SCANS OR OTHER DIAGNOSTIC TESTING PERFORMED, TOGETHER WITH ALL REPORTS, NOTES, MEMOS, CORRESPONDENCE AND MEDICAL BILLS CONCERNING KARLISMA SOUDERS (2245 B RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/4/64, SSN 181-56-5094) N 08165039 P/26/05 ~TH OF pEN/SYLVANIA CXlUNl'Y OF 0JMBEm,AND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND vs. Court of Common Pleas 04-5053 Fi le No. THOMAS COMODECA SUBPOENA TO PRODUCE DCO..I1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. THOMAS P. NESLUND, D.M.D. 13 BROOKWOOD AVE. S-3 TO,cARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to rodu th f 11 . cIoct.rnent th. SEE ATTACHED ADDENDUM p ce e 0 OWlng s or lngs: atECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mai I legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addr~.ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. , If you fail to produce the docunents or things required by this subpoen"l. within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carPe \I ing you to carp ly with it. THIS SUBPOENA WAS ISSUED AT THE REaJEST OF THE FOLLC7t'IING PERSON: ~lEPHEN J. BARCAVAGE, ESQ. ADDRESS : TELEPHON~OR INFORMATION: (215) 241-5858 SlPR8'E COJRT \0 # ATTORNEY FcW!FENDANT BY THE CXXJRT: ary/eler i Division DATE: g-u-os- Sea 1 of the Court ISSUED ON: 9/15/05 prot Deputy (Eff. 7/97) NO. 04-5053 ADDENDUM TO SUBPOENA 08165039 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL MEDICAL/DENTAL RECORDS, INCLUDING, BUT NOT LIMITED TO LAB REPORTS, REPORTS REGARDING X-RAYS, MRIS, CT SCANS OR OTHER DIAGNOSTIC TESTING PERFORMED, TOGETHER WITH ALL REPORTS, NOTES, MEMOS, CORRESPONDENCE AND MEDICAL BILLS CONCERNING KARLISMA SOUDERS (2245 B RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/4/64, SSN 181-56-5094) KARLISMA SOUDERS and GARY SOUDERS, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. CIVIL ACTION - LAW THOMAS COMODECA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this '8'+\0\ day of September, 2005, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, P A 17025 ~ fiL.JJ-t~ SUSAN M. WILLIAMS ~ 'cf' () '::-n .-\ -.1'"--(1 \-nr~" -',) r---.l --T' --,._) <~ I-J-"l 09205018 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND PLAINTIFF/S COURT OF COMMON PLEAS VS. THOMAS COMODECA NO. 04-5053 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 10/07/05 ~.. ~EPHEN J. BARCAVAGE, ESQ. ATTORNEY FOR DEFENDANT 21237-00178 09205018 12/26/05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND PLAINTIFF/S COURT OF COMMON PLEAS VS. THOMAS COMODECA NO. 04-5053 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: TIMOTHY A. SHOLLENBERGER, ESQ. SHOLLENBERGER & JANUZZI 2225 MILLENNIUM WAY ENOLA PA 17025 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COpy SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. CUMBERLAND COUNTY STATE HEALTH CENTER DATE: 9/22/05 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT " 09205018 12/26/05 KARLISMA HUSBAND <XHDNWE!\LTH OF PENNSYLVANIA COONrY OF CUMBERIAND SOUDERS AND GARY SOUDERS, HER vs. Court of 04-5053 Fi le No. Common Pleas THOMAS COMODECA SUBPOENA TO PR<lOlX:E DCJa.toENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF CUMBERLAND COUNTY STATE HEALTH CENTER 431 E. NORTH ST. TO: CARLISLE PA 17013 (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to thO SEE ATTACHED ADDENDUM produce the following docunents or lOgS: atRECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addrf'ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. , 1 f you fail to produce the docunents or things required by this subpoen3. within twenty (2D) days after its service, the party serving this subpoena IT'ay seek a court order carPellir:g you to c::aJl)ly with it. THIS SUBPOENA WAS ISSUED AT THE REaJEST OF THE FOLLC7t'IING PERSON: STEPHEN J. BARCAVAGE, ESQ. NA/'E : ADDRESS: TELEPHONE:FOR INFORMATION: (215) 241-5858 SlPREI'E CXlURT I D # ATTORNEY FORPEFENDANT BY 1riE CCURT: DATE: q - ;) r-UU" Sea I of the Court ISSUED ON: 10/24/05 Prothonotary /e 1 er-k-, vision Deputy (Eff. 7/97) NO. 04-5053 ADDENDUM TO SUBPOENA 09205018 12/26/05 KARLISMA SOUDERS AND GARY SOUDERS, HER HUSBAND VS. THOMAS COMODECA ANY AND ALL MEDICAL/DENTAL RECORDS, INCLUDING, BUT NOT LIMITED TO LAB REPORTS, REPORTS REGARDING X-RAYS, MRI'S, CT SCANS OR OTHER DIAGNOSTIC TESTING PERFORMED, TOGETHER WITH ALL REPORTS, NOTES, MEMOS, CORRESPONDENCE AND MEDICAL BILLS CONCERNING KARLISMA SOUDERS (2245 B RITNER HIGHWAY, CARLISLE, PA, PRIOR ADDRESS: 2192 NEWVILLE RD., CARLISLE, PA, DOB 10/04/64, SSN 181-56-5094) INCLUDING ANY RECORDS FROM THE TB CLINIC KARLISMA SOUDERS and GARY SOUDERS, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-5053 CIVIL v. CIVIL ACTION - LAW THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this l::'+"'- day of October, 2005, I served a copy ofthe Certificate- Prerequisite to Service of a Subpoena Pursuant to rule 4009.22 via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, P A 17025 ~~ j~. ~)~a~ SUSAN M. WILLIAMS - ("! c, ...., (':::) CC) (:/) o " ~ o C) -..., --.J ~'~ ~ C:J N PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ~ for JURY trial at the next term of civil court. D for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ~ Civil Action - Law D Appeal from arbitration D (other) KARLISMA SOUDERS and GARY SOUDERS, her husband, (Plaintiff) vs. The trial list will be called on Mav 16. 2006 THOMAS COMODECA, Trials commence on June 12. 2006 (Defendant) Pretrials will be held on Mav 24. 2006 (Briefs are due 5 days before pretrials) No. 04-5053, Civil Term Indicate the attorney who will try case for the party who files this praecipe: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Indicate trial counsel for other parties ifknown: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Thi s case is ready for triaL Signed: Date: Lj. / {. 0 G Attorney for Plaintiffs . . SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff KARLlSMA SOUDERS and GARY SOUDERS, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5053 THOMAS COMODECA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this /1'fI1 day of Ap /J.. ,. L ,2006, I hereby certify that I have served the foregoing Praecipe For Listing Case For Trial on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 1 SHOLLENBERGER & JANUZZI, lLP 2225 MILLENNIUM WAY' ENOLA, PA 17025 (717) 728-3200 I FAX (717) 728-3400 ,-,~ _~J (; '; (~::j MARSHALL, DENNE HEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire Attorney J.D.: 78867 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3506 Attorney for Defendant, Thomas Comodeca KARLISMA SOUDERS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-5053 CIVIL THOMAS COMODECA, Defendant JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR STAY OF PROCEEDINGS 1. This matter has been scheduled for trial during the week of June 12, 2006. 2. Defendant, Thomas Comodeca, is currently a servicemember on active duty in the United States Army. 3. Defendant has recently been informed that he will not be available for a June 2006 trial. Attached and marked as Exhibit "A" is a copy of current military orders applicable to Defendant's duty assignment. 4. Pursuant to 50 App. U.S.c.A. Section 522 (1) of the Servicemembers Civil Relief Act, at any stage before final judgment in a civil action or proceeding in which a servicemember is a party, the Court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days. 5. Counsel for Plaintiff has concurred with Defendant's request for relief under the Servicernembers Civil Relief Act. 6. The parties therefore move this Court to place the matter in a stay and cancel the Pretrial Conference currently scheduled for Wednesday, May 24, 2006. 7. Counsel for either party will be responsible to relist this matter for trial for the next available trial date. WHEREFORE, Defendant, Thomas Comodeca, respectfully requests that this Honorable Court grant his Motion for Stay of Proceedings and remove this case from the June 2006 Civil Jury Trial list. Respectfully submitted, MARSHALL, DENNE HEY, WARNER, COLEMAN & GOGGIN BY J?L-. /SYEI5IEN J. BARCA V AGE, ESQUIRE . . ~No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 (717) 651-3506 Attorney for Defendant, Thomas Comodeca DATE: ) /is/Ob , I \05_ A \LIAB\SJBARCA V AGE\LLPG\22171 O\SJBARCA V AGE\21237\00178 Exh,bit A REQUEST AND AUTHORIZAnoN FOR TOY TRAVEL OF DOD PERSONNEL 1. DATI OF RIQUI.T (Re,.,..,.:.JoIM Tmwt ~~170. C/repfIr::l) (YYYYMMDD) (RNd PrlvIcy Act ~ 1M beoIr ~ fOtm.) 20060307 RIQUUT fIOR OPPICIAL TRAWL 2. NAME (Lut, Flrlt. MIddI. InltlM) 3. SOCIAL SECURITY NUMIIIR 4, POImON 11TLI AND ORADIlRATlNG COMODECA, THOMAS J. 283-62-9405 MO-06 5. LOCATION OF PERMANENT DUTY STATION (POSI I. ORGANIZATIONAL ELEMENT 1. DUTY PHONE NUMBER {tnd" AIM Code} FT MONROE ITD/No 757-788-5602 I. TYPE OF ORDERS I. TOY PURPOSE {_ JTR. ~ H} 10.. APPROX NO. OF TOY DAYS b. PROCEED DATE AA-ROUTINE TOY/TAD CONFERENCE ATTENDANCE (lfIdudIng hwI ttme) (YVY'ttrIAIOO) PNR Locator: CWAPDG 4 20060612 11. mNERARY ~VARIATlON AUTHORIZED FROM: RES: YORKTOWN, VA TO: KANSAS CITY,MO RETURN TO: RES: YORKTOWN, VA 12. TRANSPORTATION MODE e. COMMERCIAl b. GOVERNMENT c. LOCAL TATlON RAIL AIR BUS SHIP AIR VEHIClE SHIP CAR TAXI OTHER PRIVATELY OWNED CONVEYANCe (ChIck one) X ~Al RATE PER MILE: h ADVANTAGEOUS TO THE GOVERNMENT W AS DETERMINED BY APPROPRIATE TRANSPORTATION OFFICER {Ow,... TIlI\IeI ~ -.J ~'lEAGE REIMBURSEMENT AND PEROIEM IS UMITED TO CONSTRUCTIVE COST OF COMMON CARRIER TRANSPORTATION AND PER DIEM AS DETERMINED AND TRAVEL TIME AS UMITED PER JTR 13. I ^ I .. PER DIEM AUTHORIZED IN ACCORDANCE WITH JTR. I I b. OTHER RATE OF PER DIEM (Sped(yJ 14.I!ITJMATED COlT 15. ~AHfiLD e. PeR OEM b. TRAVEL c:. OTHER d.TOTAl S 444.50 s 531. 70 s 127.00 S 1,103.20 s 0.00 11. ReMARKS (U.. lIIi. ~ for .".CiellWqulremenls. 1e.II'e, ._u beggage. ~Iton.. NgfItnltfon ,.... etc.) Traveler is non-exempt from the mandatory provisions of the TTRA. The 'Travel and Transportation Reform Act of 1998' stipulates that the government-sponsored, contractor-issued travel card shall be used by all u.s. Government personnel (civilian and military) to pay for costs incident to official business travel unless specifically exempted by authority of the Administrator of General Services or the head of the agency. Government travel cardholders shall obtain cash, as authorized, through automated teller machines (ATM) , rather than obtaining cash advances from a DoD disbursing officer. REMARKS continued on next page 17. TRAVEL-REQUESTING OFFICIAL {TItle end ./gMture} 11. TRAVELoAPPROVINGlDIRECTlNG OFFICIAL (TIlle end atgnetcn) JOHN W. KALLO MO-04 AUTHORIZATION 11. ACCOUNTING CITATION 017019~21^2006^2020^0000^^57^1001^^^32479800000~^~^21T2^TRKESG^SGTRKE^^^017) 19~^A^~^~AA 1,103.20 20. AUTHORIZlNOIORDER",S8U1NG OFFICIAL (T/IM _ -!-fIn) 21...~OD) U.TRAVELOR~NUMBER OPOE DD FORM 1810, JAN 2001 PREVIOUS EDfTION 18 OBSOlETE. REMARKS (Continued): Submission of travel claims shall be submitted within five (5) working days of return to or arrival at the Permanent Duty Station (PDS). In the case of extended TDY/TAD (over 45 days), the traveler shall submit a claim for each 3D-day period. That claim must be submitted within five (5) days after each 3D-day period. Exception to GSA Form 87 In compliance with the Privacy Act of 1974, the following information is provided: Basic authority for requiring the requested information is contain in 5 USC 5701-5733, particularly sections 5721-5733, 30 USC 905 and Executiv Order 9397. Disclosure of the data by you is voluntary. The principal purpos for collecting data the is to determine the amount to reimburse an employee for expenses incurred in connection with temporary duty travel. Information may be transferred to appropriate Federal, State, local or foreign agencies when relevant to civil, criminal or regulatory investigations or prosecution There is no personal liability.to you if you do not furnish the requested information; however, we shall not be able to reimburse you for your expense REASON CODES NON CONTRACT FARE USED ON: US-5053 ORF-Norfolk, Va (Usa) 06/12/06 _ 1 (C3)Lower non-contract fare available to the general public Justification - Non-contract fare lower than contract fare and flight times NON CONTRACT FARE USED ON: US-5047 CLT-Charlotte, Nc (Usa) 06/12/06 _ (C3)Lower non-contract fare available to the general public Justification - Non-contract fare lower than contract fare and flight times NON CONTRACT FARE USED ON: US-5022 MCI-Kansas City, Mo (Usa) (Int'L. Apt) (C3)Lower non-contract fare available to the general public Justification - Non-contract fare lower than contract fare and fliiht times NON CONTRACT FARE USED ON: US-32 CLT-Charlotte, Nc (Usa) 06/15/06 _ 7 (C3)Lower non-contract fare available to the general public Justification - Non-contract fare lower than contract fare and flight times . ~ KARLISMA SOUDERS and GARY SOUDERS, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-5053 CIVIL v. CIVIL ACTION - LAW THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Tammy K. Copenhaver, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 18th day of May, 2006, I served a copy of the Defendant's Motion for Stay of Proceedings, via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, P A 17025 (Counsel for Plaintiffs) TAMMY K. COPENHAVER \05_ A \LIAB\SJBARCA V AGE\LLPG\22171O\SJBARCA V AGE\2123 7\00178 (") c N c:::> C.:::> c"f' :::r: >-~ -: N l'''' ~ .-\ :r:;..,., ,11 r=: :s ;;l~ _tj\....,....l <_~?l C) _~.rl ~~{~ '--' --I .l.::~ ~ -1:';1 c..) 0:> r~l1:,~ r' ,"~o;C-~'C-"I'" ) ll."""\,_F~>"._/ [:..-:/'~ '\1 )~... _ . II/' MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen 1. Barcavage, Esquire Attorney LD.: 78867 4200 Crums Mill Road Harrisburg, P A 17112 (717) 651"3506 MAY 2'2006 I BY: .~J Attorney for Defendant, Thomas Comodeca KARLISMA SOUDERS Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5053 CIVIL THOMAS COMODECA, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this 2~ f 1- day of fV\71 , 2006, upon consideration of Defendant's Motion to Stay Proceedings pursuant to the Servicemembers Civil Relief Act, and Plaintiffs concurrence, it is hereby ORDERED and DECREED that said Motion is granted. The trial of this matter shall be continued from the June i2, 2006 Civil Jury Trial List. Counsel for either party are directed to relist this case for the next Trial Term. BY THE COURT: /Vt---? , J. \.P ~D ~~ o jJJ!rl''""" \':),,'?;'~({:id """'''n'' ~,'J!!"). J 9S :2 Hd C2 IV\! 900Z ^. U\"ll"'::-~" (..!~ :II" ..)0 Oil .II 'v' ,..l-...,,~,,-. _1l"U ..- 381:LiO-.(j3llj KARLISMA SOUDERS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 04-5053 CIVIL THOMAS COMODECA, Defendant : JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED with Prejudice. SHOLLENBERGER & JANUZZI, LLP BY: .SH ENB S LD. No. 3'-1343 2225 Millennium Way Encla, P A 17025 Attorneys for Plaintiff, Karlisma Souders DATE:31! {, I O~ \05 _A \LIAB\SJBARCA V AGE\LLPG\225756\TKCOPENHA VER\21237\OO 178 ~ 0 = -11 cr' en r":'"1 -""';:"" t GO ?~ -):.'" - - \'-) Coon